ANKUR MUTREJA Vs. GNCTD

JUDGEMENT

(1.) This regular second appeal has been filed by the appellant impugning the order dated 04.07.2014 of the learned Trial Court and dated 30.04.2016 of the learned Appellate Court, whereby his prayer for decreeing the suit under Order XV Rule 2 CPC against defendant No.1/GNCTD has been declined. Civil Suit was filed against defendants No. 1 to 7. This Regular Second Appeal has been filed impleading only defendant No.1/GNCTD in the civil suit as respondent in this case.

(2.) The appellant, who is an advocate, has submitted before this Court that defendant No.1/Government of National Capital Territory of Delhi (GNCTD) has failed to appear in Civil Suit No.469/2010. On 4th July, 2014 he requested the Court that the above civil suit filed by him should be decreed under Order XV Rule 2 CPC against defendant No.1 but learned Trial Court declined the relief on the ground that the relief claimed against the defendant No.1 is inextricably linked with the entire dispute and it would be in the fitness of things to dispose of the entire controversy in-toto. Aggrieved by the above order he filed RCA No.162/2016 which has also been dismissed by the first appellate court noting the following:

(3.) The appellant has contended that when one of the several defendants i.e. defendant No.1/GNCTD is not at issue with the plaintiff on any question of law or fact, learned trial court was duty bound to pronounce a judgment and pass a decree against respondent/defendant No.1 and proceed only against other defendants.